Wahyou v. Kiernan

This is an appeal from a judgment in an action upon an open book account for the cost of meat sold by plaintiffs to defendant.

For many years the defendant Kiernan owned and operated a bar in Stockton called the Tavern. It was located in the same building and immediately adjoining a restaurant commonly known during the period here in question as the Tavern Waffle Shop. A doorway at the rear of the building connected the kitchen of the restaurant with the bar, through which food was served to both establishments. Kiernan had never personally operated the restaurant, but he did own the furniture…